Terms of Use

Please review the following terms and conditions ('Terms of Use') that govern your use and purchase of products (collectively, 'Use') of our Site. Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use.

General
Please review the following terms and conditions ('Terms of Use') and our other policies that govern your visit to our Site and your use and purchase of products from our Site (collectively, 'Use'). Your Use of our Site constitutes your acceptance of, and agreement to follow and be bound by, such policies and by the Terms of Use. English Rose reserves the right, at any time, to modify, alter or update our Site, policies and these Terms of Use.

Site Contents
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (collectively, 'Contents') are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by English Rose or its subsidiaries and affiliates.

Comments, Feedback and Other Submissions
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to English Rose using this Site or otherwise (collectively, 'Comments') are not confidential and will become and remain English Rose's property. The disclosure, submission or offer of any Comments will constitute an assignment to English Rose of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

Links to Other Websites and Services
This Site may include links to other Internet sites maintained by third parties ('Linked Sites'). English Rose provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by English Rose of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the English Rose Site. Linked Sites are not under the control of English Rose and English Rose is not responsible for the contents of any Linked Site.

Merchandise Availability
Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by calling English Rose at 423-265-5900 or by checking its availability online. You will receive a shipping confirmation e-mail once your items have shipped.

Product Information
English Rose products displayed on the Site may be available in our English Rose Tearoom, in Chattanooga, Tennessee, in the United States. The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated. The products displayed on the Site are intended for sale only in the United States.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Disclaimer, Limitation of Liability and Indemnity
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. ENGLISH ROSE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENGLISH ROSE DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH ENGLISH ROSE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER ENGLISH ROSE NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. ENGLISH ROSE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF ENGLISH ROSE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ENGLISH ROSE, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

Denial of Access
These Terms of Use constitute an agreement that is effective unless and until terminated by English Rose. If in English Rose's sole discretion you fail to comply with any term or provision of this agreement, English Rose may deny you access to the Site. In the event of denial of access by English Rose, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and English Rose relating to the subject matter addressed herein.

Applicable Law
The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the laws of the State of Tennessee, USA without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Tennessee. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using this Site, shall be brought only in the state or federal courts of Hamilton County, Chattanooga, Tennessee, USA, and you and English Rose do hereby consent to the jurisdiction and venue of such courts.